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DOJ finds five jurisdictions not in compliance with § 1373, gives time to respond

  1. Original Date Announced

    October 12, 2017

    DOJ notifies five jurisdictions that its preliminary review finds them not in compliance with 8 U.S.C. § 1373, but will allow them to respond with additional information or documentation about their compliance before a final determination will be made. Those jurisdictions are Cook County IL, Chicago IL, New Orleans LA, New York NY, and Philadelphia PA.

    [ID #148]

    DOJ Press Release: Justice Department Provides Last Chance for Cities to Show 1373 Compliance
  2. Effective Date

    October 12, 2017
  3. Subsequent Trump and Court Action(s)

    • August 1, 2018

      City and County of San Francisco v. Trump

      There are ongoing litigation challenges to these new restrictions brought by Philadelphia, Chicago, Los Angeles, California, Illinois, New York, New Jersey, Massachusetts, Connecticut, Washington, and Virginia. Immigration-related restrictions on Byrne/JAG grants have been found unlawful by several federal courts in California, Illinois and Pennsylvania.

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    • February 15, 2019

      City of Philadelphia v. AG (3rd Cir. 2019)

      The Third Circuit held that FY 2017 Byrne JAG grant conditions were unlawfully imposed. The First, Seventh and Ninth Circuits have subsequently found the conditions unlawful as well. The Second Circuit has found the conditions lawful. See City of Providence v. Barr (1st Cir. Case No. 19-802)(03/24/20); Chicago v. Barr (7th Cir. Case No. 19-3290)(04/30/20); Los Angeles v. Barr (9th Cir. Case No. 18-56292)(10/31/19); New York v. DOJ (2nd Cir. Case No. 19-267)(02/26/20).

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document

Current Status

Not in effect

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Sanctuary Restrictions
Agencies Affected: DOJ State & Local Entities

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